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ANUJA PRABHU DESSAI
Sameer Dattatraya Deshpande – Appellant
Versus
Kishor Shamrao Jadhav – Respondent


Advocates Appeared:
M.M.Sathaye, Advocate, Chitrali A.Deshmukh, Advocate, R.P.Kasbekar, Advocate

JUDGMENT

1. With consent, heard finally at the stage of admission.

2. The Appellants herein have challenged the judgment and order dtd. 23/12/2021, passed by the learned District Judge No.3, Kolhapur in Civil Appeal No.66 of 2021. By the impugned judgment the learned District Judge dismissed the Appeal and thereby confirmed the order dtd. 8/2/2021 passed by the learned Joint Civil Judge Junior Division, Kolhpaur in Regular Darkhast No.88 of 2017.

3. The brief facts necessary to decide the Appeal are as under:- The Respondent, hereinafter referred to as the Plaintiff had filed Regular Civil Suit No.819 of 2016 before the CJJD, Kolhapur, for possession and recovery of arrears of rent. The case of the Plaintiff was that Sudhir Dattatray Deshpande, (hereinafter referred to as 'the Defendant') owned the western portion of the property under City Survey No.1185-C/41 along with a structure admeasuring 151.63 sq. meters, situated at Rajarampuri, Kolhapur (hereinafter referred to as the 'suit property'). The Defendant had availed loan from various banks and co-operative credit societies to meet the financial requirements of his family. He put up the suit property for sale to repay the loan.

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